Entered under Surinder Singh with passport in maiden name--

Hi All,

I (US Citizen) entered the UK under the Surinder Singh ruling with my passport & EEA Family Permit in my maiden name. For background, the US system actually has me everywhere else (driver license, Social Sec, bank, etc) under my married name since my husband and I got married a few years ago, except for my passport which I hadn't updated as we didn't have time and a few other reasons. We went to the EEA Member State whilst my husband exercised his Treaty rights and all of my documents are under my maiden name as I had been needing to use my passport as my official identifying document. There are two years left on my US passport, after which it will have to change to my married name anyway as my name legally in the US has been updated everywhere else in their systems.

Now the time has come to send off my EEA2(FM) application, and I am trying to decide whether I should send off for a new passport with my married name before applying, and include both passports and a letter explaining the name change. My fear in doing this is that I am throwing a wrench in the process and giving them a reason to refuse. I'm not sure if I am overthinking this bit as I have seen some unlawful (under EEA law) refusals for petty reasons.

The alternative is to just apply with my current passport which matches with all of my Surinder Singh docs and when my passport needs to change, re-apply for a new EEA2 RC as as far as I know there is currently no option to simply do a name change. The obvious fears are living with the idea I will have to be re-considered for my EEA2 Residence Card again in two years, as well as the cost being paid twice (and probably increasing in 2 years). It seems to me this is similar to option 1 as either way my SS docs are in my maiden name; I suppose the difference would be the RC would have already been granted once with minimal/zero issues and that it may make it easier for them to decide to give me one anew.

Any advice, please? Thank you!

Kvinna wrote:Hi All,

I (US Citizen) entered the UK under the Surinder Singh ruling with my passport & EEA Family Permit in my maiden name.
...

Now the time has come to send off my EEA2(FM) application, and I am trying to decide whether I should send off for a new passport with my married name before applying, and include both passports and a letter explaining the name change.

...

The alternative is to just apply with my current passport which matches with all of my Surinder Singh docs and when my passport needs to change, re-apply for a new EEA2 RC as as far as I know there is currently no option to simply do a name change. The obvious fears are living with the idea I will have to be re-considered for my EEA2 Residence Card again in two years, as well as the cost being paid twice (and probably increasing in 2 years).

...

Any advice, please? Thank you!

You are probably over thinking this.

Cost, as you are on the EU route (& at well under £100) should not be a consideration in all of this.

If you have ambitions for the privilege of citizenship then you would be well advised to straighten out your use of names & your passport & settle on one name before naturalising, (but that is a few years down the road).

You could update US passport first if it doesn't delay you too long.
Don't see why that's throwing a wrench - it's a normal & completely understandable (& explainable) thing to do.
(You will then be sorted, well ahead of time, for when it comes to citizenship too).

Otherwise you can justify the name difference in relevant questions on the RC form & apply for RC in maiden name.

There is no guidance (afaik) that requires you to update an issued RC due to 'name change' even if you do eventually change name in your foreign passport (US).

Thank you for your reply.

I do feel as if I am overthinking it, yes. However, I have seen quite a few refusals for unlawful reasons that have led to me overthinking many steps of this process.

I figured it would cause problems when re-entering the country if my EEA2 and my passport names are different. I can definitely see this being an issue at the border.

I think I will send off for a new passport before applying based on your help.

Thank you for your help.